Savannah No. 1 Pty Ltd v Randwick City Council [2019] NSWLEC 1640

Savannah No. 1 Pty Ltd v Randwick City Council [2019] NSWLEC 1640

The Court is satisfied the amended plans and supporting documents resolve jurisdictional and amenity issues; environmental planning grounds justify the exceedance in height standard under clause 4.6 of Randwick LEP 2012; the appeal is upheld and development consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
24 December 2019
Procedural Posture
Class 1 Appeal / Conciliation Conference, Appeal Determination
Outcome
Appeal upheld, development consent granted
Legal Topics
['development Application' 'boarding House' 'height Standard Variation' 'randwick Local Environmental Plan' 'affordable Rental Housing' 'conciliation Conference']
['planning and Environment'] ['development Application' 'boarding House' 'height Standard Variation' 'randwick Local Environmental Plan' 'affordable Rental Housing' 'conciliation Conference']

Case Brief

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Procedural Posture

Class 1 Appeal / Conciliation Conference, Appeal Determination

Legal Issues

  1. 1 ['Whether development application DA/510/2018 should be granted for a four storey boarding house exceeding height standard' 'Whether the variation under clause 4.6 of the Randwick LEP 2012 is justified' 'Whether the proposal is consistent with zone objectives and amenity impacts']

Ratio Decidendi

The Court is satisfied the amended plans and supporting documents resolve jurisdictional and amenity issues; environmental planning grounds justify the exceedance in height standard under clause 4.6 of Randwick LEP 2012; the appeal is upheld and development consent granted subject to conditions.

Court Disposition

Appeal upheld, development consent granted

Orders

  • ['Applicant may rely on listed amended plans and documents' 'Applicant to pay $8,000.00 to Respondent within 28 days' "Applicant's clause 4.6 request upheld" 'Appeal upheld' 'Development Application No. DA/510/2018 approved subject to consent conditions']